Can A CCAA Order Affect The Priority Of Lienholders?
In Mission Creek Mortgage Ltd. v. New Recreations Ltd., the British Columbia Court of Appeal recently held that a lienholder whose liens had been discharged
In Mission Creek Mortgage Ltd. v. New Recreations Ltd., the British Columbia Court of Appeal recently held that a lienholder whose liens had been discharged
In construction projects, there will often be several agreements between the various participants. Those agreements may contain “entire agreement” clauses to ensure that the parties
The recent decision of the British Columbia Supreme Court in Boxer Capital Corp. v. JEL Investments Ltd. raises some fascinating issues with respect to the
This article will discuss the attitude of Canadian courts toward reviewing arbitral decisions. The decisions of Canadian judges reflect the legislative regime in the provincial
In the recent decision in British Columbia v. Teal Cedar Products Ltd., the Supreme Court of Canada decided that compound interest could not be awarded
An important issue relating to enforcement of an arbitral award is whether the award can be enforced against a party who did not sign the
The forfeiture of a deposit is one of the major tools for ensuring that contracts are performed. But there is a debate about whether a
A building contract usually includes a term requiring that the work or materials supplied adhere to the specifications. The contract may also contain implied or
A: OVERVIEW The decision of the Supreme Court of Canada in Progressive Homes Ltd. v. Lombard General Insurance Co of Canada[1] is a seminal decision
Arbitration and court proceedings may be different, but can a party substantially change its position when it appeals from an arbitration award to the court?